In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1386V

UNPUBLISHED

JOSEPHINE CROWLEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 19, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for 

respondent..

DECISION AWARDING DAMAGES1

On September 11, 2019, Josephine Crowley filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2

(the “Vaccine Act”). Petitioner alleges she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on 

September 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On April 27, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for SIRVA. On July 19, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $$80,000.00 in pain and 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the decision will be available to anyone with access to the 

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact 

medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. 

If, upon review, I agree that the identified material fits within this definition, I will redact such material from 

public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 

with the proffered award. Id. Based on the record as a whole, I find that Petitioner is 

entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $80,000.00 (representing pain and suffering) in the form of a check 

payable to Petitioner. This amount represents compensation for all damages that would 

be available under § 15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

JOSEPHINE CROWLEY, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. 19-1386V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On September 11, 2019, Josephine Crowley (“petitioner”) filed a petition for 

compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 

to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine 

Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of 

an influenza vaccine she received on September 17, 2018. Petition at 1. On April 26, 2021, the 

Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that 

this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, 

and on April 27, 2021, the Chief Special Master issued a Ruling on Entitlement finding 

petitioner entitled to compensation. ECF No. 32; ECF No. 34. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $80,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 
2 

This amount represents all elements of compensation to which petitioner is entitled under 

42 U.S.C. § 300aa-15(a). Petitioner agrees. 

II. Form of the Award 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respondent recommends that the compensation provided to petitioner should be made through a 

lump sum payment as described below and requests that the Chief Special Master’s decision and 

the Court’s judgment award the following1: a lump sum payment of $80,000.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Josephine Crowley: $80,000.00 

Respectfully submitted, 

BRIAN M. BOYNTON 

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

TRACI R. PATTON 

Assistant Director 

Torts Branch, Civil Division 

 

 

1

 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. In particular, respondent would oppose any award for future lost earnings 

and future pain and suffering. 
3 

/s/ Catherine E. Stolar 

 CATHERINE E. STOLAR 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel.: (202) 353-3299 

Fax: (202) 616-4310 

Email: catherine.stolar@usdoj.gov 

 

DATED: July 19, 2021